Promila Ghosh v. The State Of West Bengal

03.02.2021 Item No.317 Ct.No.28 dc.

Allowed C.R.M. 10637 of 2020 (Via Video Conference) In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

And In Re :

Promila Ghosh ... Petitioner.

Mr. Ujjal Ray ... For the Petitioner.

Mr. Neguive Ahmed, Ms. Manisha Sharma ... For the State.

Apprehending arrest in connection with Balagarh P.S. Case No. 189 of 2020 dated 24.11.2020 under Sections 341/323/325/326/506/34 of the Indian Penal Code, the present application has been preferred.

The learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. No overt act has been attributed to the petitioner herein. The husband and two sons of the petitioner are already in custody. In the said conspectus, custodial detention of the petitioner is not warranted.

Mr. Ahmed, learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to several documents in the case diary.

Having heard the learned advocates and considering the materials in the case diary, the injury reports, the nature of allegations and the extent of complicity of the petitioner in the alleged offence, we are of the opinion that custodial detention of the petitioner is not required.

Accordingly, we allow the application for anticipatory bail and direct that in the event of arrest, the petitioner, namely Promila Ghosh shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail, being CRM 10637 of 2020 is, thus, disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)